With reference to the Independence and Impartiality of the Supreme Court, explain the role of each of the following factors:
(i) No discussion with respect to the conduct of any Judge.
(ii) Power to punish for contempt of itself.
(i) No discussion with respect to the Conduct of any Judge: No discussion shall take place in Parliament with respect to the conduct of any Judge in the discharge of his duties, except when a motion for his removal is under consideration. The conduct of a Judge cannot ordinarily be a subject-matter of discussion inside legislature.
(ii) Punishment for the Contempt of Court: Genuine criticism of a judgment is allowed, but nothing should be done to lower the authority or dignity of the Court. The Supreme Court has the power to punish for contempt of itself.
Question 6: What is the procedure for the removal of a Supreme Court Judge.
Explain the impeachment procedure for the removal of Judges.
Answer: A Judge can be impeached on grounds of proven misbehaviour or incapacity. The process involves a motion being passed by a special majority of each House of Parliament.
(i) A motion addressed to the President which has been signed by atleast 100 members of the Lok Sabha or 50 of the Rajya Sabha is given to the chairman or Speaker.
(ii) It is then investigated by a committee of 2 Supreme Court Judges and a distinguished jurist.
(iii) If the motion is found acceptable then it is given to the initiating House for consideration.
(iv) It is prospected to the President after it has been passed by two third majority of each house.
(v) The judge will be removed after the President gives the order for his removal.